South Carolina - Sneak Attack on Crate Usage

anne

Anyone in SC using a crate will now be a target for misdemeanor criminal charges!

Note that the law was changed yesterday with an addendum adding crates and pens to the tethering law.

South Carolina residents are urged to contact their state legislators in opposition of this bill.

Linda Hartheimer
Legislative Liaison
Weimaraner Club of America
http://grayhartweimaraners.googlepages.com/

http://www.scstateh ouse.net/ sess117_2007- 2008/bills/ 833.htm_
(http://www.scstateh ouse.net/ sess117_2007- 2008/bills/ 833.htm)
The tether law has had crates added to it as of yesterday. Also pens.
That could mean anything. The new wording was posted this morning. It's
in section 1 B. Anyone using a crate in SC will now be a target.

__________________________________________________________

(Text matches printed bills. Document has been reformatted to meet World
Wide Web specifications.)

Indicates Stricken Matter

_Indicates New Matter_

COMMITTEE AMENDMENT AMENDED AND ADOPTED

March 19, 2008

*S. 833*

Introduced by Senator Knotts

S. Printed 3/19/08--S.

Read the first time June 7, 2007.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
47-1-45 SO AS TO PROHIBIT THE TETHERING, FASTENING, CHAINING, TYING, OR
RESTRAINING A DOG TO A STATIONARY OBJECT FOR MORE THAN THREE HOURS A DAY
OR FOR MORE THAN SIX HOURS A DAY ON A TROLLEY SYSTEM; TO PROVIDE CLASS I
MISDEMEANOR CRIMINAL PENALTIES; AND TO AUTHORIZE LOCAL GOVERNMENT BY
ORDINANCE TO VARY THESE REGULATIONS.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 1, Title 47 of the 1976 Code is amended by adding:

"Section 47-1-45. (A) It is unlawful to knowingly or intentionally
confine or restrain an animal in a cruel manner or knowingly or
intentionally cause such cruel confinement or restraining of an animal.

(B) For purposes of this section:

(1) 'Confine an animal in a cruel manner' or cruel confinement of an
animal' means confining an animal by means of a cage, crate, pen, or
similar confinement under circumstances in which the person intends to
endanger the animal's health or safety, or the person reasonably should
have known would endanger the animal's health or safety. 'Confine an
animal in a cruel manner' or 'cruel confinement of an animal' includes,
but is not limited to, a confinement that:

(a) confines an animal for such an unreasonable period of time that
the animal's health or safety is endangered;

(b) does not permit an animal to stand, turn around, sit, and lie
down in a normal position;

(c) cause bodily injury to an animal;

(d) does not permit an animal access to sustenance;

(e) does not permit proper ventilation for an animal; or

(f) is not kept in a sanitary condition.

(2) 'Restrain an animal in a cruel manner' or 'cruel restraining of
an animal' means tethering, fastening, chaining, tying, attaching, or
otherwise restraining an animal to a tree, fence, post, or other
stationary object or a running line, pulley, cable trolley system, or
similar system by means of a chain, rope, tether, leash, cable, or
similar restraint under circumstances in which the person intends to
endanger the animal's health or safety, or the person reasonably should
have known would endanger the animal's health or safety. 'Restrain an
animal in a cruel manner' or 'cruel restraining of an animal' includes,
but is not limited to, a restraint that:

(a) restricts an animal's movement for such an unreasonable period of
time that the animal's health or safety is endangered;

(b) is of a weight that excessively burdens an animal;

(c) causes an animal to choke or causes bodily injury to an animal;

(d) is too short for an animal to move around or for an animal to
urinate or defecate in a separate area from the area where the animal
must eat, drink, or lie down;

(e) is situated such that an animal will likely become entangled;

(f) does not permit an animal access to sustenance and shelter;

(g) does not permit an animal to escape reasonably foreseeable harm;

(h) is attached to an animal by means of a collar, harness, or
similar device that is not properly fitted for the age and size of the
animal such that the collar, harness, or similar device causes trauma or
injury to the animal; or

(i) is attached to an unsupervised animal by means of a
choke-type or pronged collar.

(C) A person who knowingly or intentionally violates this section is
guilty of a misdemeanor and, upon conviction, must be punished by
imprisonment not exceeding sixty days or by a fine not less than one
hundred dollars nor more than five hundred dollars, or both, for a first
offense; by imprisonment not exceeding ninety days or by a fine not
exceeding eight hundred dollars, or both, for a second offense; or by
imprisonment not exceeding two years or by a fine not exceeding two
thousand dollars, or both, for a third or subsequent offense. A person
may be issued a correction warning in lieu of an infraction requiring
the person to correct the cruel confinement or restraining of an animal
within seventy-two hours unless the violation endangers the health or
safety of the animal, the animal has been wounded as a result of the
violation, or a correction warning has previously been issued to the
person.

(D) Nothing in this section prohibits local governments from adopting
more stringent local ordinances governing the confinement or restraining
of an animal; however, a local government may assess only civil
penalties for such ordinances."

SECTION 2. This act becomes effective July 1, 2008.

scmeg72 · Posted: Fri Mar 21, 2008 12:39 pm Post subject:

Thanks Anne! I will contact Henry Brown from South Carolina immediatly! That is ludacris! We crate them to protect them from injury!!

weim2mom · Posted: Fri Mar 21, 2008 1:11 pm Post subject:

This is nuts! They obviously know NOTHING about dogs!

weimdawgs · Posted: Fri Mar 21, 2008 1:21 pm Post subject:

OMG...........

waitingonmyweim · Posted: Fri Mar 21, 2008 1:40 pm Post subject:

under circumstances in which the person intends to
endanger the animal's health or safety

when they make this condition, then I can agree...however when they say:

or the person reasonably should have known would endanger the animal's health or safety

that leaves it so open to interpretation...just ridiculous...

I know the laws are there to protect the animals from bad owners, however there are so many GOOD owners who crate and tether their dogs...just doesn't make sense....

scmeg72 · Posted: Fri Mar 21, 2008 3:44 pm Post subject:

nicwithcandy · Posted: Thu Apr 03, 2008 8:09 am Post subject:

I don't live in SC, but I agree with this law COMPLETELY. Its not that you can't CRATE your dog, you just have to do it RIGHT.

harpbonefran · Posted: Fri May 02, 2008 7:26 pm Post subject:

Ditto nicwithcandy. This law could easily target puppy mills and hoarders who have their dogs in crates that are too small or unsanitary. I don't think this would apply to a responsible dog owner who crates a dog for it's own safety for a reasonable period of time. I bet this law is meant to target puppy mills...

weimdawgs · Posted: Fri May 02, 2008 7:47 pm Post subject:

I just read the whole thing which I obviously on the original post. I'm sure there are parts open to interpretation, but I think it is written to protect the animals...not meant for responsible owner's that use crates the right way.

h20fwlkillr · Posted: Sat May 03, 2008 1:14 am Post subject:

youhavenoidea · Posted: Sat May 03, 2008 1:16 am Post subject:

h20fwlkillr · Posted: Sat May 03, 2008 11:33 am Post subject:

youhavenoidea · Posted: Sat May 03, 2008 12:18 pm Post subject: